State ex rel. Am. Elec. Power v. Hon. Nibert

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Plaintiffs filed the underlying action against American Electric Power Co., Inc., et al. (collectively, AEP) seeking damages for injuries that they incurred as a result of their exposure to coal combustion waste from the Gavin Landfill in Gallipolis, Ohio. AEP, which owns and/or operates the landfill, filed a motion to dismiss based upon forum non conveniens. The circuit court refused AEP’s motion to dismiss, concluding, inter alia, that West Virginia is not such an inconvenient forum so as to require trial of the case elsewhere. AEP requested the Supreme Court to issue a writ of prohibition to prevent enforcement of the circuit court’s order. The Supreme Court affirmed, holding that the circuit court adequately considered and applied the statutory forum non conveniens factors in refusing AEP’s motion to dismiss on such grounds. View "State ex rel. Am. Elec. Power v. Hon. Nibert" on Justia Law